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2016-02-22_ENFORCEMENT - C1982056
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2016-02-22_ENFORCEMENT - C1982056
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 10:58:16 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
Enforcement
Doc Date
2/22/2016
Doc Name
Notice of Intent to File Law Suit Against Peabody Energy
From
Wild Earth Guardians
To
Peabody Energy
Violation No.
TDNX16140182002
Email Name
JRS
MPB
DIH
JLE
Media Type
D
Archive
No
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9.15 Release. (a) Upon a Discharge of the Secured Obligations, the Collateral shall be <br />automatically released from the Liens created hereby, and this Agreement and all obligations (other than <br />those expressly stated to survive such termination) of the Administrative Agent and the Pledgor hereunder <br />shall terminate, all without delivery of any instrument or performance of any act by any party, and all <br />rights to the Collateral shall revert to the Pledgor. At the request and sole expense of the Pledgor <br />following any such termination, the Administrative Agent shall deliver to the Pledgor any Collateral held <br />by the Administrative Agent hereunder, and execute and deliver to the Pledgor such documents as the <br />Pledgor shall reasonably request to evidence such termination. <br />(b) If any of the Collateral shall be Disposed of by the Pledgor in a transaction expressly <br />permitted by the Credit Agreement, then, the Administrative Agent, at the request and sole expense of the <br />Pledgor, shall execute and deliver to the Pledgor all releases or other documents reasonably necessary or <br />desirable for the release of the Liens created hereby on such Collateral provided that the Pledgor shall <br />have delivered to the Administrative Agent, at least ten (10) Business Days prior to the date of the <br />proposed release, a written request for release identifying the Pledgor and Collateral to be released, <br />together with a certification by the Borrower stating that such transaction is in compliance with the Credit <br />Agreement and the other Loan Documents and that the Proceeds of such Disposition will be applied in <br />accordance therewith. <br />(c) Until Discharge of the Secured Obligations, the Pledgor acknowledges that it is not <br />authorized to file any financing statement amendment or termination statement with respect to any <br />financing statement originally filed in connection herewith without the prior written consent of the <br />Administrative Agent, subject to the Pledgor's rights under Section 9-509(d) of the UCC. <br />20 <br />NY\5929604.13 <br />
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